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HomeMy WebLinkAbout03-02 - Approving Minor Design Review ZA-02-64RESOLUTION NO. 03-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING MINOR DESIGN REVEIW ZA-02- 64 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Alexander Hernandez with respect to the real property located at 870 West 19th Street, requesting approval of a minor design review to construct a one- and two- story addition to an existing one-story, single family residence; and WHEREAS, the Zoning Administrator denied Minor Design Review ZA-02-6.4 on November 7, 2002; and WHEREAS, Minor Design Review ZA-02-64 was appealed to the Planning Commission; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on December 9, 2002, and ZA-02-64 was denied; and WHEREAS, ZA-02-64 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on January 6, 2002. NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby APPROVES ZA-02-64 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Minor Design Review ZA-02-64 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the Conditions of Approval, then this Resolution, and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 6th day of January, 2003. ATTEST: DePOY City Clerk of the City of ayor of the City of Costa Mesa Costa Mesa \APPROVED AS TO FORM: City Attorne )AW STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA) I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 03-2 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 6th day of January, 2003, by the following roll call vote: AYES: Robinson, Cowan, Monahan NOES: Steel, Mansoor ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 7th day of January, 2003. Deput ity Clerk and ex -officio Clerk of the City ouncil of the City of Costa Mesa EXHIBIT "A" FINDINGS 1. The information presented does not substantially comply with Section 13-29(e) and 13-29(g)(14) of the Costa Mesa Municipal Code, and with Sections 1.1. and I. 6. of the Residential Design Guidelines, in that: The proposed addition is not compatible and harmonious with existing development on surrounding properties. This includes site planning, scale of structures, and other applicable features relative to a compatible and attractive development. Specifically, the proposed residence extends 70 feet along the westerly side of the property; however, only 17 feet of the westerly facade incorporates any type of building projection or offset. Additionally, the property immediately abutting the subject site to the west is a single -story residence. The second story addition is located on the west side of the subject property and has been designed with several second story windows oriented toward the adjacent property, thus affecting privacy in yard areas of the adjacent property. 2. The project is not consistent with General Plan Objectives CD -7A.1 and CD - 7A.2, in that the proposed construction is not compatible in scale and character with existing buildings and the natural surroundings in the neighborhood, does not preserve the character and scale of the established residential neighborhood, and would have a substantial adverse impact on adjacent properties, as detailed in finding 1, above. 3. The proposed development does not comply with CCMC Section 13-204 (Nonconforming Provisions), or Chapter IX, Article 6 (Home Occupations). Specifically, in the R1 zone, businesses are permitted from a residence with the approval of a home occupation permit. One of the requirements for a home occupation permit is that the structure or appearance of the exterior of the residence cannot be altered or remodeled for home occupation purposes. Because the proposed addition has been designed with a separate entrance and stairway access to a proposed second floor office and work area, the proposed construction does not comply with the aforementioned code sections. 4. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA. 5. The project �s exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Street addresses shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the public street. Numerals shall be a minimum 6 inches in height with not less than -inch stroke and shall contrast sharply with the background. 2. The conditions of approval for ZA-02-64 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 3. Demolition permits for existing structure(s) shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 4. New and existing construction' shall be architecturally compatible with regard to building materials, style, colors, etc., to the existing residence. 5. The applicant shall contact the Planning Division to arrange for a planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 6. Second floor windows shall be designed and placed to minimize direct -lines-of-sight into windows on adjacent neighboring properties, and to minimize visibility into abutting residential side and rear yards. Every effort shall be made to maintain the privacy of abutting property owners. Prior to issuance of a building permit, applicant shall provide a window placement study demonstrating compliance with this condition. 7. Existing mature vegetation shall be retained wherever possible. Should it be necessary to remove existing trees, the applicant shall submit a written request and justification to the Planning Division. A report from a California licensed arborist may be required as part of the justification. Replacement trees shall be of a size consistent with trees to be removed, and shall be replaced on a 1 -to -1 basis. This condition shall be completed under the direction of the Planning Division. Trans 8. Provide minimum clearance of 20 feet in front of new garage to allow for adequate space for turning movements into and out of new garage. New garage may be shifted approximately 2 feet to the west to gain additional clearance. Eng. 9. Maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and remove any spillage from the public right- of-way by sweeping or sprinkling. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the developer's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1 . All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Approval of the zoning action is valid for one (1) year and will expire at the end of that period unless building permits are obtained and business commences or the applicant applies for and is granted an extension of time. 3. Development shall comply with all requirements of Section 13-32, Title 13, of the Costa Mesa Municipal Code relating to development standards for residential projects. 4. All new on-site utility services shall be installed underground. 5. Installation of all new utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division. 6. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved -by the Planning Division. Bldg. 7. Comply with the requirements of the Uniform Building Code as to design and construction. 8. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 7 p.m., on Saturday, Sunday, and Federal holidays. Exceptions may be made for activities that will not generate noise audible from. off-site, such as painting and other quiet interior work. Eng. 9. At the time of development submit for approval an off-site plan to and grading plan to the Building Division that shows sewer, water, existing parkway improvements and the limits of work on the site, prepared by a civil engineer or architect. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay offsite plan check fee to the Engineering Division. An approved offsite plan and fee shall be required prior to engineering/utility permits being issued by the City. 10. A construction access permit and deposit of $350 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 1 1. Submit required cash deposit or surety bond to guarantee construction of offsite street improvements at time of permit per Costa Mesa Municipal Code Section 15-32, and as approved by City Engineer. Cash deposit or surety bond amount to be determined by the City Engineer. 12. Obtain a permit from the Engineering Division, at the time of development and then construct P.C.C. residential sidewalk per City of Costa Mesa standards as shown on the offsite plan, including four (4) feet clear around obstructions in the sidewalk. 13. Obtain a permit from the Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. Correctly depict widths of existing drive approaches on. site plan. Fire 14. Provide approved smoke detectors to be installed in accordance with the 1997 Edition of the Uniform Fire Code. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special districts are hereby forwarded to the applicant: Sani. 1 . Developer shall contact the Costa Mesa Sanitary District at (949) 631- 1731 for current district requirements. School 2. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits. State 3. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information.